DR. MAHACHANDRA PRASAD SINGH versus CHAIRMAN, BIHAR LEGISLATIVE COUNCIL AND ORS.

DR. MAHACHANDRA PRASAD SINGH versus CHAIRMAN, BIHAR LEGISLATIVE COUNCIL AND ORS.

A member of the legislative council, elected as a candidate of a political party, who subsequently contests a parliamentary election as an independent or as a candidate of another party, voluntarily gives up membership of the original party within the meaning of paragraph 2(1)(a) of the Tenth Schedule and incurs disqualification. Procedural rules for disqualification inquiries are directory, not mandatory, and non-compliance does not vitiate the proceedings or jurisdiction if substantive requirements are otherwise met. Principles of natural justice were not violated as adequate opportunity was afforded and relevant material disclosed or not in dispute.

Parties
Petitioner: Dr. Mahachandra Prasad Singh; Respondents: Chairman, Bihar Legislative Council and Ors.; Petitioner: Shiva Nandan Prasad Singh; Respondents: Hon. Chairman, Bihar Legislative Council and Ors.
Jurisdiction
India
Judgment Date
27 October 2004
Procedural Posture
Writ Petition (civil) Under Article 32 / Final Decision on Merits
Outcome
writ petitions dismissed with costs
Legal Topics
Disqualification of Legislators, Defection, Tenth Schedule, Natural Justice, Delegated Legislation, Legislative Procedures
Constitutional Law Administrative Law Disqualification of Legislators Defection Tenth Schedule Natural Justice Delegated Legislation Legislative Procedures

Case Brief

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Parties

Dr. Mahachandra Prasad Singh

Petitioner

Chairman, Bihar Legislative Council and Ors.

Respondents

Shiva Nandan Prasad Singh

Petitioner

Hon. Chairman, Bihar Legislative Council and Ors.

Respondents

Procedural Posture

Writ Petition (civil) Under Article 32 / Final Decision on Merits

Legal Issues

  1. 1 Whether the petitioner incurred disqualification under paragraph 2(1)(a) of the Tenth Schedule for voluntarily giving up membership of the political party by contesting parliamentary elections as an independent or as a candidate of another party.
  2. 2 Whether non-compliance with Rules 6 and 7 of the Bihar Legislative Council Members (Disqualification on Ground of Defection) Rules, 1994 vitiates the proceedings and assumption of jurisdiction by the Chairman.
  3. 3 Whether principles of natural justice were violated in affording opportunity and disclosure of material relied upon.

Ratio Decidendi

A member of the legislative council, elected as a candidate of a political party, who subsequently contests a parliamentary election as an independent or as a candidate of another party, voluntarily gives up membership of the original party within the meaning of paragraph 2(1)(a) of the Tenth Schedule and incurs disqualification. Procedural rules for disqualification inquiries are directory, not mandatory, and non-compliance does not vitiate the proceedings or jurisdiction if substantive requirements are otherwise met. Principles of natural justice were not violated as adequate opportunity was afforded and relevant material disclosed or not in dispute.

Court Disposition

writ petitions dismissed with costs

Orders

  • The writ petitions are dismissed with costs.
  • The petitioners are held disqualified under paragraph 2(1)(a) of the Tenth Schedule read with Article 191(2) and their seats are declared vacant.